Bill Text: TX SB748 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to maternal and newborn health care, including the newborn screening preservation account.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB748 Detail]

Download: Texas-2019-SB748-Comm_Sub.html
 
 
  By: Kolkhorst  S.B. No. 748
         (In the Senate - Filed February 11, 2019; March 1, 2019,
  read first time and referred to Committee on Health & Human
  Services; March 13, 2019, reported favorably by the following
  vote:  Yeas 9, Nays 0; March 13, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to newborn screening and the newborn screening
  preservation account.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.004(f), Health and Safety Code, is
  amended to read as follows:
         (f)  The executive commissioner by rule shall [may]
  establish the amounts charged for newborn screening fees, including
  fees assessed for follow-up services, tracking confirmatory
  testing, and diagnosis. In adopting rules under this subsection,
  the executive commissioner shall ensure that amounts charged for
  newborn screening fees are sufficient to cover the costs of
  performing the screening.
         SECTION 2.  Chapter 33, Health and Safety Code, is amended by
  adding Subchapter D to read as follows:
  SUBCHAPTER D. NEWBORN SCREENING PRESERVATION ACCOUNT
         Sec. 33.051.  DEFINITION. In this subchapter, "account"
  means the newborn screening preservation account established under
  Section 33.052.
         Sec. 33.052.  CREATION OF ACCOUNT. (a)  The newborn
  screening preservation account is a dedicated account in the
  general revenue fund. Money in the account may be appropriated only
  to the department and only for the purpose of carrying out the
  newborn screening program established under this chapter.
         (b)  On November 1 of each year, the comptroller shall
  transfer to the account any unexpended and unencumbered money from
  Medicaid reimbursements collected by the department for newborn
  screening services during the preceding state fiscal year.
         (c)  The account is composed of:
               (1)  money transferred to the account under Subsection
  (b);
               (2)  gifts, grants, donations, and legislative
  appropriations; and
               (3)  interest earned on the investment of money in the
  account.
         (d)  Section 403.0956, Government Code, does not apply to the
  account.
         (e)  The department administers the account. The department
  may solicit and receive gifts, grants, and donations from any
  source for the benefit of the account.
         Sec. 33.053.  DEDICATED USE. (a)  The department may use
  any money remaining in the account after paying the costs of
  operating the newborn screening program established under this
  chapter only to:
               (1)  pay the costs of offering additional newborn
  screening tests not offered under this chapter before September 1,
  2019, including the operational costs incurred during the first
  year of implementing the additional tests; and
               (2)  pay for capital assets, equipment, and renovations
  for the laboratory established by the department to ensure the
  continuous operation of the newborn screening program.
         (b)  The department may not use money from the account for
  the department's general operating expenses.
         Sec. 33.054.  REPORT. If the department requires an
  additional newborn screening test under Subchapter B the costs of
  which are funded with money appropriated from the newborn screening
  preservation account, the department shall, not later than December
  31 of the first even-numbered year following the addition of the
  test, prepare and submit a written report regarding the actions
  taken by the department to fund and implement the test during the
  preceding two years to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives; and
               (4)  each standing committee of the legislature having
  primary jurisdiction over the department.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules as necessary to implement the
  changes in law made by this Act.
         SECTION 4.  This Act takes effect September 1, 2019.
 
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